Deferrable and irreversible procedures on intersex children are set to be banned in an Australian state first, with advocates declaring it can be a “light on the hill”.
The Victorian government on Tuesday introduced legislation to prohibit intersex infants and young children from receiving deferrable interventions that permanently change their bodies, until old enough to consent.
Intersex people have variations in sex characteristics that don’t fit within the definition of male and female, including reproductive organs, chromosomes or hormones.
The change was promised in 2021 and would bring Victoria into line with the ACT, the only Australian jurisdiction with the safeguard.
Under the bill, an independent expert panel would determine if a child faces significant physical or psychological harm without a treatment and whether a safer alternative exists.
Urgent treatments required to save a life or prevent serious harm won’t be restricted and the Victorian government has pledged access to more information and supports for parents and guardians.
“Every person deserves the right to make decisions about their own body, with respect, dignity and safety at the heart of the care they receive,” Health Minister Mary-Anne Thomas said.
At birth, clinicians could not determine Stephanie Saal’s sex and told her parents they could not leave the hospital until they consented to surgery.
The now 30-year-old from Logan, south of Brisbane, went under the knife as a baby within seven days.
“Even to this day, there is still these kinds of deferrable surgeries occurring,” she told AAP.
“The biggest problem we’re seeing is these surgeries are creating lifelong consequences around stopping things like sexual intimacy (and) there’s psychosocial elements to it.
“But then also for me I was sterilised at birth … they took away parts of me that may have allowed me to conceive.”
Ms Saal said her home state of Queensland, under the control of the Liberal Nationals, should be the next cab off the rank for the protections.
“I may be biased,” she said.
“But all states and territories should be looking at what Victoria and what ACT has done, and see it as the light on the hill to start protecting intersex children.”
The ACT had been under a lot of scrutiny and pressure since enacting its laws, making it difficult for many people trying to navigate the system, Intersex Human Rights Australia executive director Morgan Carpenter said.
“Having Victoria follow suit is incredibly helpful,” the University of Sydney associate professor said.
“It’s a big state. There are big hospitals here and big teams that are involved in providing treatment.
“We need to have NSW follow suit as well … NSW is a laggard.”
An Equality Australia report released on Monday found “cosmetic preferences” were considered in clinical deliberations in 40 of 83 analysed cases in NSW and Queensland where the child was too young to consent.
Dr Carpenter said the report’s raw data on the lack of routine psychosocial support to parents and families was “disheartening” and needs to be addressed.
“Parental distress is one of the key drivers of early intervention,” the human rights and ethics expert said.
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https://thewest.com.au/politics/state-moves-to-ban-unnecessary-intersex-child-surgery-c-20866803
